Unified Development Ordinance

Sec. 4.7.6. Master Plan Amendments

Sec. 4.7.6. Master Plan Amendments aaron.sheppard… Tue, 05/23/2023 - 10:22

Any amendment to an approved PD Master Plan, including those approved prior to September 1, 2013, shall follow the procedures below.

  1. Administrative Amendments
    The Planning Director shall administratively approve PD Master Plan amendments that propose any of the following alterations.
    1. An increase or decrease to the allowable residential density, total number of dwelling units not to exceed 10%.
    2. An increase or decrease to the minimum required nonresidential square footage or maximum permitted nonresidential square footage, not to exceed 10%.
    3. An increase to allowable height (as measured in feet), provided the increase does not exceed the maximum number of feet permitted by story in the height categories contained within Article 3.3. Height Requirements The Planning Director may not administratively approve an increase in number of stories as specified in the Master Plan.
    4. A transfer of nonresidential floor area or residential dwelling units, from one area to another, not to exceed a 20% maximum for each standard.
    5. Minor adjustments in location of building, parking and open space areas. A minor adjustment shall be a modification in orientation or distance to property line; however, the adjustment shall not exceed 100 feet in distance from the approved location, and shall not be located any closer than 50 feet to the boundary of the PD District. However, where a building or parking area is shown on the approved Master Plan within 50 feet of a property line, the building or parking area adjustment may not be located any closer to the property line than as shown on the approved Master Plan. An adjustment to the location of transit facilities is permitted, provided the adjustment occurs prior to the recordation of the transit easement.
    6. An exchange of open space area, provided the exchanged properties are of like acreage, value and utility and that no tree conservation area or Open Space Plan has been recorded for the requested exchanged properties with register of deeds office in the county where the property is located 
    7. An exchange of above ground stormwater control facilities of like size. The Planning Director may not administratively approve the relocation of an above ground stormwater facility to a location closer than 50 feet from the boundary of the PD District.
    8. A relocation of access points, driveways or sidewalks either within or outside of the public right-of-way with the concurrence of the Development Services Department.
    9. A relocation of a fence, wall, sign or utility. Fences or walls required for transition areas or buffer yards may not be removed or relocated to an area that conflicts with the buffering requirement.
    10. Any requirement associated with a permitted change must be shown on the Master Plan. By example, if a 10% increase in density requires a different street cross-section, the street cross-section must be updated on the Street and Block Plan.
    11. Modifications to the approved unified sign criteria for the master plan area with the concurrence of the Development Services Department.
      1. Color, design and script alterations.
      2. Reallocation of maximum square footage within the master plan area.
      3. The addition of a ground sign in excess of the provisions in Article 7.3, provided:
        1. No more than one ground sign may be added administratively; 
        2. The master plan must be at least 25 acres in size; contain at least 60,000 developed square feet of non-residential uses and at least 200 developed dwelling units;
        3. The ground sign must be at least 250 feet from any other ground sign within the master plan area and at least 200 feet from a mixed use building; and iv. All other provisions of Article 7.3 are met.
  2. Non-Administrative Amendments
    Any other amendment not listed in Sec. 4.7.6.A. shall be subject to the rezoning process specified in Sec. 10.2.4.
  3. Existing Master Plan Documents
    All PD Master Plans in existence prior to September 1, 2013, shall not be considered nonconforming; where conflicting provisions exist in this UDO, these previously approved Master Plans may be constructed in accordance with the approved Master Plan.
  4. Committed Elements
    Where a PD Master Plan specifies certain committed timed elements, the applicant may request an extension for up to 1 year, to be granted by the Planning Director provided development within the PD District or in the vicinity has not created the need for the committed timed elements.